…well in mind” that costs will be awarded to the prevailing party. (Trans-Global, para. 123) The Trans-Global case settled shortly after the tribunal’s Rule 41(5) decision, and prior to the…
…costs, recognizing that “full costs will go some way towards compensating the Respondent for having to defend a claim that had no jurisdictional basis and discourage others from pursuing such…
The English Court of Appeal recently upheld a first instance decision to refuse enforcement of a US$20m New York Convention award in Dallah Estate and Tourism Holding Company v The…
…looked into that and how proceedings can be managed to reduce costs. Such initiatives are indeed very welcome. Working groups amongst counsel are also looking into such issues. It appears…
…would have been unreasonable considering that Hederstierna had requested that the SSE be ordered to pay for all costs of the arbitration. In conclusion, the SSE asserted that the agreement…
…establish the Tribunal’s jurisdiction. Indeed, such an approach would have been consistent with the decision of the Tribunal in that case to award all of the costs of the proceedings…
…Grand River arbitration arises out of the effort by various U.S. states to conclude a settlement with tobacco manufacturers for tobacco-related health care costs. In addition to its interesting public…
…employees roughed up by foreign security forces, or its foreign factory razed to the ground, that corporation should enjoy the ability to bring a foreign government before an international tribunal…
…upheld, the complexity of this hybrid clause caused the parties to incur costs in appearing before the ICC, the SIAC, the Singapore High Court and the Singapore Court of Appeal….
…costs is usually predictable. We will leave for another day the question whether international arbitration rules should provide more guidance with respect to costs. The purpose of this posting is…
…hardship and instability should become the recognized gateways for descent into otherwise lawless behavior. If anything, Argentina’s Dirty War and later wars against security threats reinforce the need for vigilance…
…be more than passive purchasers of commodities on world markets. Investors hope to own or control agricultural production in other locales so that they can ensure food security at home….
…as the “costs” to be determined by the tribunal in its award. Article 36.4 states that such costs should in principle be paid by the unsuccessful party, although the tribunal…
…a carefully drafted 400 pages award, years of efforts and millions of Dollars in legal costs. Such an outcome would seem absurd, however, the reverse situation would have been equally…
…the guarantor). It requested that the respondents be ordered to pay the additional costs that had been generated by the very difficult and unexpected subsoil conditions. The Italian parent company…
…only be closed at the discretion of the Tribunal for security reasons. The Parties authorize the PCA to issue periodic press releases regarding the progress of the arbitration proceedings and…
For international arbitrations seated in the United States, there has sometimes been a tension between the so-called “American rule” against the shifting of attorneys’ fees and litigation costs to the…
…articulated as “full protection and security”, “constant protection and security” or “continuous protection and security”, this standard of treatment is now in the midst of a full blown resurgence. A…
…US$3,646,125 and €10,000 in damages and €30,000 in costs. HMD countered by commencing arbitration in London against CMA pursuant to the arbitration clauses in the four shipping contracts. HMD claimed…
…in all cases, less time to decide a case does result in lower legal costs, if anything because everyone involved, counsel included, is compelled to focus on the key issues…
…the international arrest warrant issued against Sudanese President Omar Al-Baashir. Most members of the UN Security Council have denounced the expulsions and warned that they are exacerbating the humanitarian crisis…
…award provided £1,856,597.90 to the claimant and £1,101,871 to the defendant (the claimant accordingly recovering a net sum of £754,726.93 plus 40% of its costs). However, and as the Court…
…all arbitral procedures and costs the same (i.e., litigation in country X may be preferable to ABC arbitration, but ABC arbitration may be preferable to litigation in country Y). The…
…view of the ECT obligations with respect to fair and equitable treatment, constant protection and security, unreasonable and discriminatory measures, expropriation and other obligations and concluded that even if the…
